I I APHC010410712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) o 'Xfi & WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20955 OF 2025 Between: ESSEMM Intraport Services Private Limited, represented by its Founder Managing Director and CEO Mr. Bolisetty Satyanarayana, having its registered office at 1-54-10/4, MVP Colony Visakhapatnam, Andhra Pradesh ...Petitioner AND 1. Union of India, represented by its Principal Secretary, Ministry of Ports Shipping and Waterways, New Delhi 2. Visakhapatnam Port Trust, Visakhapatnam, represented by its Chairman 3. Chief Engineer, Engineering Department, Visakhapatnam Port Andhra Pradesh, Authority, O/o Chief Engineer, 3rd Floor, Administrative Office Building, Port Area, Visakhapatnam, Andhra Pradesh - 530035 4. Senior Assistant Estate Manager, VPA O/o Chief Engineer, Administrative Office BuHding, Port Area, Visakhapatnam, Andhra Pradesh - 530035 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate order or /: ^ ^^i|^|.direction, declaring the action of the 3rd respondent in proceeding with the Re c ■allotment of the land bearing Zone- Z-1A admeasuring 13,476 sq.mts (Ac. ^.33 cents), under the Notice Inviting Tender (NIT) No. IENG/ESTATE/Z-1A- ESSEMM-T-2024 Dt.13.03.2024 without affording the petitioner the 'First Right of Refusal' thereof, as illegal, arbitrary, unreasonable, violative of Articles 14 and 19(1)(g) of the Constitution, and contrary to the Clauses 2.17 of the said NIT dt. 13.03.2024 and 11.3(c) of the Policy Guidelines for Land Management by Major Ports, 2015 (No. PD-13017/2/2014-PD-IV dated 17.07.2015) and consequently direct the respondents to offer the First Right of Refusal to the petitioner, as an existing lessee, enabling the petitioner to match the highest bid received under the NIT dt. 13-03-2024. ■ ■ . . lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to stay all further proceedings, inclusive of but not limited to the opening of price bids, evaluation, the issuance of an LOA or execution of a lease deed in favour of third-party highest bidder, under Notice Inviting Tender No. IENG/ESTATE/Z-1A-ESSEMM-T-2024 dated 13.03.2024. Counsel for the Petitioner: SRI VENKATA SAKETH ROY VYDYULA Counsel for the Respondent No.1; SRI BETHAPALLI SURYANARAYANA (CENTRAL GOVT COUNSEL) Counsel for the Respondent Nos. 2 to 4; -— The Court made the following order; APHC010410712025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT honourable SMT justice SUMATHl JAGADAM WRIT PETITION NO: 20955/202^ IN [3459] S;*0 01^5 WEDNESDAY THE Between; LIMITED, PRIVATE MANAGING DIRECTOR AND HAVING ITS MVP COLONY SERVICES INTRAPORT 1.ESSEMM represented by its founder BOLISETTY SATYANARAYANA, OFFICE AT "CEO MR. registered VISAKHAPATNAM, ANDHRA PRADESH 1-54-10/4, ...PETITIONER AND represented by its principal secretary, SHIPPING AND WATERWAYS, NEW DELHI VISAKHAPATNAM, ANDHRA 1.UNION OF INDIA MINISTRY OF PORTS 2 VISAKHAPATNAM PORT TRUST PRADESH. REPRESENTED BY ITS CHAIRMAN , rHlFF ENGINEER, ENGINEERING DEPARTMENT^ ■ VISAKHAPATNAM PORT AUTHORITY, 0/0 CHIEF ENGINEER 3RD floor, adIistrative office building, port area, VISAKHAPATNAM, ANDHRA PRADESH - 530035 4.SENIOR engineer, administrative VISAKHAPATNAM, ANDHRA PRADESH - 530035 assistant estate manager, VPA, 0/0 CHIEF OFFICE BUILDING, PORT AREA, ...RESPONDENT(S); under Article 226 of the Constitution of India praying that ,n the stateTin the affidavit fiied therewith, the High Court may be Zi of Mandamus, or any other appropriate order or Petition circumstances pleased to issue a 2 JS,j W.P.No.20955/2025 direction, declaring the action of the 3'^'^ respondent in proceeding with the Re allotment of the land bearing Zone-Z-1 A admeasuring 13,476 sq.mts (Ac. 3.33 cents), under the Notice Inviting Tender (NIT) No. IENG/ESTATE/Z-1A- ESSEMM-T-2024 Dt. 13.03.2024 without affording the petitioner the 'First Right of Refusal thereof, as illegal, arbitrary, unreasonable, violative of Articles 14 and 19(1 )(g) of the Constitution, and contrary to the Clauses 2.17 of the said NIT dt.13.03.2024 and 11.3(c) of the Policy Guidelines for Land Management by Major Ports, 2015 (No. PD-13017/2/2014-PD-iV dated 17.07.2015) and consequently direct the respondents to offer the First Right of Refusal to the petitioner, as an existing lessee, enabling the petitioner to match the highest bid received under the NIT dt. 13-03-2024 and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, inclusive of but not limited to the opening of price bids, evaluation, the issuance of an LOA or execution of a lease deed in favor of third-party highest bidder, under Notice Inviting Tender ‘ No. IENG/ESTATE/Z-1A-ESSEMM-T-2024 dated 13.03.2024 and pass Counsel for the Petitioner: 1 .VENKATA SAKETH ROY VYDYULA Counsel for the Respondent(S): 1.BETHAPALLI SURYANARAYANA (CENTRAL GOVT COUNSEL) The Court made the following: 3 JS.J W.P.No,20955/2025 ORDER: Learned counsel for the petitioner submits that the tender has been cancelled. In view of cancellation of the tender, no further orders are required in this writ petition. Accordingly, the Writ Petition is closed. However, it is open to the petitioner to make fresh representation to the respondents within ten (10) days from -the date of receipt of a copy of this order. On receipt of such representation, the respondents shall consider and pass appropriate orders within four (4) weeks thereafter. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Union of India, Ministry of Ports Shipping and Waterways, New Delhi (By RPAD) 2. Th^ Chairman, Visakhapatnam Port Trust, Visakhapatnam, Andhra Pradesh. (By RPAD) 3. The Chief Engineer, Engineering Department, Visakhapatnam Port Authority, O/o Chief Engineer, 3rd Floor, Administrative Office Building, Port Area, Visakhapatnam, Andhra Pradesh - 530035(By RPAD) 4. The Senior Assistant Estate Manager, VPA, O/o Chief Engineer, Administrative Office Building, Port Area, Visakhapatnam, Andhra Pradesh - 530035(By RPAD) 5. One CC to Sri Venkata Saketh Roy Vydyula, Advocate [OPUC] 6. One CC to Sri Bethapalli Suryanarayana (Central Govt Counsel) Advocate [OPUC] 7. Two CD Copies TF HIGH COURT DATED:13/08/2025 ORDER WP NO. 20955 OF 2025 CLOSING THE W.P. WITHOUT COSTS